WRIT PETITION NO. 1376(MS) OF 2005 v. State of Uttaranchal, through Collector, Haridwar

Judgment

4. State of Uttaranchal, through Collector, Haridwar. Additional Commissioner (Administration), Garhwal Mandal, Pauri. Joint Magistrate/S.D.M. Roorkee, Haridwar. Station House Officer, Police Station Bhagwanpur, Roorkee, District Haridwar.

5. Land Management Committee, Village-Mohitpur, Pargana-Bhagwanpur, Tehsil-Roorkee, District Haridwar, through Gram Pradhan.

6. Mahesh Kumar, S/o Rahatu,

8. Shahendra, S/o Gopal, Chhota, S/o Nathlu,

9. Dharama, S/o Balwant,

10. Vinod, S/o Prakash,

11. Kiran Pal, S/o Mukkha,

12. Asha Ram, S/o Mansa Ram,

13. Sakatu, S/o Rai Mal,. 2

15. Bharat, S/o Nathu,

16. Santar Pal, S/o Thakur,

Smt. Kishni, W/o late Nathlu,

18. Chetu, S/o Mansa

19. Mahendra, S/o Buddhu,

20. Bundu, S/o Mohd. Sami,

21. Pritam, S/o Buddhu,

22. Sulehman, S/o Fateh Mohammad,

23. Jubair Alam, S/o Aslam,

24. Abdul, S/o Zafar,

25. Atar Singh, S/o Buddhu,

26. Khurshed, S/o Fateh Mohammad,

27. Javed Alam, S/o Shamim, Respondent Nos. 6 to 27, all are R/o Village-Mohitpur, P.O. Sirchandi, Pargana-Bhagwanpur, Tehsil-Roorkee, District Haridwar. …..Respondents.

29.03.2006 Hon’ble Rajesh Tandon, J. Heard Sri S.S. Chaudhary and Sri Kurban Ali, learned counsel for the petitioners and learned Standing Counsel for the respondents no. 1 to 4. By the present writ petition, the petitioners have prayed for a writ of certiorari quashing the proceeding and the order of the revision no. 88 of 2001-2002 (102 of 1999-2000) pending before the Additional Commissioner (Admn.) Garhwal Mandal Pauri Camp at Dehradun, annexed as Annexures No. 2 and 5 to the writ petition. Further the petitioner has prayed for a writ of Mandamus commanding and directing respondent authorities to continue the proceeding of Suit No. 10 of 1998, 12 of 1998, 13 of 1998 and 24 of 1998 under Section 229-B of the 3 U.P.Z.A. and L.R. Act pending before the Deputy District magistrate/Assistant Collector 1st Class, Roorkee, Haridwar. The petitioners have further prayed for a writ of Mandamus commanding and directing the respondent authorities to restrain the respondent no. 6 to 27 not to interfere in the peaceful possession of the petitioners on Khasra Plot No. 11, 402 & 405 situate at Village-Mohitpur, P.O. Sirchandi, Pargana- Bhagwanpur, Tehsil Roorkee, District Haridwar. The grievance of the petitioners is that proceedings of the suit under Section 229-B of the U.P.Z.A. and L.R. Act filed by the petitioners have been stayed when in point of fact, the said suit being Regular Suits, the proceedings could not have been stayed and further the proceedings under Section 198 (4) of the U.P. Z.A. and L.R. Act is going on for which they have filed a suit for its cancellation. Briefly stated, the land Management Committee has passed a resolution on 21.11.1995, which was approved on

25.11.1995 by which the respondent nos. 6 to 27 have got the lease in their favour the same was challenged by the present petitioner in suit No. 64 of 1996/97 and 65 of 1996/97 before the Additional Collector, Haridwar stating full facts that the resolution dated 21.11.1995 approved on 25.11.1995 are not in accordance with the provisions of law and the petitioners, who in possession of the land, are entitled to become Bhumidhars of the land in dispute on the basis of Section 122-B (4) (f) of U.P.Z.A. & L.R. act. Petitioners have submitted that title suits of the petitioners are also pending before the S.D.M., Roorkee, Haridwar. Addl. Collector, Haridwar by judgment and order dated 31.03.2000 has set aside the resolution dated 21.11.19995 and approval dated 25.11.1995. 4 The respondent no. 6 to 27 has filed a revision No. 102 of 1999/2000 (new Number 88 of 2001/2002) before the Commissioner, Saharanpur Mandal, Saharanpur. In the aforesaid revision, the Addl. Commissioner (Judicial), Saharanpur Mandal, Saharanpur passed an order dated 7.4.2000 directing that the respondents may not be dispossessed from the land in dispute, until they cut the crops. Petitioners have submitted that they have applied for a questionnaire from the Court, which shows that in revision, there was no stay order after 26.07.2000. The Addl. Commissioner (Administration) Garhwal Mandal, Pauri passed an order on 09.06.2004 keeping in abeyance the order dated 31.03.2000 passed by the Addl. Collector, Haridwar. Thereafter, petitioner no. 1 has filed Regular Suit No. 12 of 1998 under Section 229-B of U.P. Z.A. and L.R. Act and the petitioner no. 2 filed Regular Suit No. 10 of 1998 under Section 229-B of U.P. Z.A. and L.R. Act and the petitioner no. 3 filed Regular Suit No. 13 of 1998 under Section 229-B of U.P.Z.A. & L.R. Act and petitioner no. 4 filed Regular Suit No. 24 of 1998 under Section 229-B of U.P. Z.A. and L.R. Act before the Sub Divisional Magistrate/Assistant Collector 1st Class, Roorkee, Haridwar and the Sub Divisional Magistrate/Assistant Collector 1st Class, Roorkee, Haridwar has passed an order on 24.06.2002 staying the proceedings of Regular Suits till its disposal. Being aggrieved by the order dated 24.06.2002 passed by the Sub Divisional Magistrate/Assistant Collector 1st Class, Roorkee, Haridwar, petitioners preferred revision No. 166 of 2001/02, 165 of 2001/02, 164 of 2001/02, 163 of 2001/02 5 before the Addl. Commissioner, Garhwal Mandal, Garhwal, Dehradun. On 24.08.2005, the Addl. Commissioner, Garhwal Mandal, Pauri Camp, Dehradun stayed the operation of the order dated 24.06.2002 passed by the Sub Division Magistrate/Assistant Collector 1st Class, Roorkee, Haridwar for a period up to 03.10.2005. Thereafter, on 06.10.2005, the Addl. Commissioner, Garhwal Mandal, Pauri Camp, Dehradun stayed the operation of the order dated 24.06.2002 upto the pendency of the revision. On 13.10.2005, the petitioners have filed an application before the Joint Magistrate/S.D.M., Roorkee, Haridwar for cutting the standing crops and for the police help. The authority concerned passed an order directing the Station House Officer, Bageshwar to act in accordance with the law. The petitioners thereafter initiated the proceedings under Section 145 of Cr.P.C. before the Joint Magistrate/S.D.M., Roorkee, Haridwar for cutting the standing crops by the police help. In pursuance thereof, the authorities concerned directed the Station House Officer, Bageshwar on 09.11.2005 to make an enquiry in the matter. Petitioners have submitted that the Station House Officer instead of taking action in accordance with law initiated the proceedings being Case No. 165 of 2005 under Section 107/116 of Cr.P.C. against both the parties. Petitioners belong to Scheduled Caste Community and on the basis of possession over the land in dispute for a long time 6 under Section 122-B(4)(f), the petitioners are entitled to be declared as Bhumidhars of the land in dispute. Learned counsel for the petitioners has further submitted that the act to evict the petitioners from the land in dispute is in violation of the constitutional mandate and his interest is fully safeguarded as the person belonging to the scheduled caste community. However, as the suits are of the year, 1998, the Presiding Officer is directed to expedite the hearing of the suits and to dispose of the same within a period of six months. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) Rathour